The Equality Tribunal
3 Clonmel Street
Dublin 2.
Phone: 353 -1- 4774100
Fax: 353-1- 4774150
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Website: www.@equalitytribunal.ie
Equal Status Acts 2000-2008
Decision
DEC-S2011- 014
Kristina Bradauskaite
(represented by Midland Migrant Workers Initiative)
v.
Harvey Norman
(represented by Purdy Fitzgerald Solicitors)
File Reference: ES/2009/013
Date of Issue: 28th March 2011
Decision
DEC-S2011- 014
Kristina Bradauskaite
(represented by Midland Migrant Workers Initiative)
v.
Harvey Norman
(represented by Purdy Fitzgerald Solicitors)
Key Words
Equal Status Acts, 2000 -2004 - Direct discrimination, Section 3(1) - less favourable treatment, Race Section 3(2)(h), prima facie case, failure to attend - finding not in favour of complainant
Delegation under Equal Status Acts, 2000-2008
The complainant referred complaints to the Director of the Equality Tribunal under the Equal Status Acts, 2000 to 2008 on the 5th February 2009. On the 18th November 2011 in accordance with his powers under section 75 of the Employment Equality Act, 1998 - 2008 and under the Equal Status Acts, 2000 - 2008 the Director delegated the case to me, Marian Duffy, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part III of the Equal Status Acts, 2000 on which date my investigation commenced. As required by Section 25(1) and as part of my investigation, I proceeded to hearing on the on the 10th March 2011.
1. Dispute
1.1 The dispute concerns a complaint by the above mentioned complainant that she was discriminated against by the above mentioned respondent on the race ground contrary to Section 5 of the Equal Status Act, 2000-2008.
2. Summary of the Case
2.1 The complainant referred a complaint to the Equality Tribunal on the 5th February 2009. As part of my investigation of the complaint, I notified the parties that a hearing would take place on the 10th of March 2011 and I requested confirmation of attendance by the 9th of February 2011. On the 25th of February 2011, I received a fax letter from the complainant's representative requesting a postponement of the hearing as scheduled because the complainant was leaving Ireland before the 10th of March to take up new employment in England. I asked the complainant for supporting documentation confirming that the complainant had taken up employment outside the country. In response the complainant's representative said that she had difficulty in contacting her because she was in Lithuania. She said that she had managed to get a message to her requesting the supporting documentation required for the adjournment request. As no supporting documentation was received, I confirmed by e-mail to the complainant's representative that the hearing was taking place as scheduled. The complainant failed to attend the hearing on the 10th of March 2011. The respondent together with witnesses and legal representation attended.
3. Conclusions of the Equality Officer
3.1 I am satisfied from the correspondence with the complainant that she was properly notified that a hearing in her case was taking place as scheduled. As no adjournment was granted due to the failure to supply supporting documentation an adjournment request, I find that her failure to attend the hearing was unreasonable in the circumstances.
4. Decision
4.1 In accordance with Section 25(4) of the Equal Status Acts, 2000 - 2008, I issue the following decision: as part of my investigation under Section 25 of the Act, I am obliged to hear all interested persons, I find that the complainant's failure to attend such a hearing was unreasonable in the circumstances and that any obligation under Section 25(1) has ceased. As no evidence was presented in support of the allegation of discrimination at the hearing, I conclude the investigation and I find against the complainant.
_________________
Marian Duffy
Equality Officer
28th March 2011